solicitationicontract/order for …solicitationicontract/order for commercial items 1. requisition...

SOLICITATIONICONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NO. PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 HR-07-38 15

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

14RC-38-07-382 See Block 30c, HR-07-382

7. FOR SOLICITATION a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATEILOCAL

INFORMATION CALL: Jeffrey R. Mitchell 01-415-6465 TIME

9. ISSUED BY CODE 13100 10. THIS ACQUISITION IS

U.S. Nuclear Regulatory Commission D UNRESTRICTED OR D SETASIDE: % FOR:

Div. of Contracts

Attn: Jeffrey R. Mitchell, 301-415-6465 EMERGINGSSALL

Mail Stop T-7-I-2 HUBZONE SMALLWashington, DC 20555 NAICS: BUSINESS

SIZE STANDARD: SERVICE-DISABLED VETERAN- 8(A)OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATINGTION UNLESS BLOCK IS 2% Net 15 D 13a. THIS CONTRACT IS A N/AMARKED RATED ORDER UNDER

F1 SEE SCHEDULE DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

EiCE RFO E] IFE ERFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE 13100

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissionDiv. of ContractsMail Stop T-7-I-2

Washington DC 20555 Washington, DC 20555

17a. CONTRACTORJOFFEROR CODE 114216802 FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE 3100

M T I OFFICE SYSTEMS INC1 T I POWER CONDITIONING COMPANY U.S. Nuclear Regulatory CommissionATTN: STEVE MCCONDI Payment Team, Mail Stop T-7-1-2Attn: (NRC-38-07-382)

14800 MIARTIN DR 11555 Rockville Pike, Rockville MD 20852

EDEN PRAIRIE MN 553442012TELEPHONE NO. 888-622-6565 x212

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SEE ADDENDUM

19. 20. See CONTINUATION Page 21. 22. 23. 24.ITEM NO. SCHEDULE OF SUPPLIES/SERVICES OUANTITY UNIT UNIT PRICE AMOUNT

The Contractor shall provide the U.S. Nuclear RegulatoryCommission with Six M4ultimedia Podiums at a firm - fixedprice, turn-key system. In accordance with the scheduleof supplies, Statement of Work and terms and conditionsattached to this order.

ORCA.GOV Reps and Certs are hereby incorporated by reference

(Use Reverse and/or Atach Additional Sheets as Necessary) SUBTOTAL $118,791.0025. ACCOUNTING AND APPROPRIATION DATA See CONTINUATION Page 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

7-8415-5C1114 T8410 252A 31x0200 Obligate $78,791.00

7-8415-5CE114 Z8410 252A. 31x0300 Oblioate $40,000.00

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.2124. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA E ARE [ ARE NOT ATTACHED.

Q 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA DARE [j] ARE NOT ATTACHED

XI 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 H 29. AWARD OF CONTRACT: REF. -_ OFFER

COPIES TO ISSUIN4G OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ___. YOUR OFFER 014 SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH AREADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED CET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT7U Fii .. 31a. UNITE TA AMER A I TU C OFFT INOiOFFCER)

3Ob. NAME AND TITLE OF SIGNER (TYPE .R PRINT) lOt. DATE SIGNED 311. NA EF CONTRACTING OFFICER TYPE OR P >3c. TB St NEDBradley C. White, President 10/01/07 Donald A. King Officer

• l ~~~~~~Contractinq Officer •/••//J/ /.

AUT P REj STANDARD FORM 1449 (R V\ 312005)PRE•"1

1Il~)T.J REVOC . 2 70,Prescribed by GSA - FAR(48 CFE15

AUT M A' WT RE 2T 207

19. 20. 21 22 23. 24.ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UUNIT [NIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED . INSPECTED LI ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT 36. PAYMENT 37. CHECK NUMBER

FOR

PARTIAL rINAL 11 COMPLETE 1-1 PARTIAL El FINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE42b. RECEIVED AT (Locafbon)

42c. DATE REC'D (YY/MI/DD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 312005) BACK

Table of ContentsSECTION A -

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ............. A-1

SECTION B - CONTINUATION BLOCK .................................................................................... B-1

B.1 SCHEDULE O F SU PPLIES ........................................................................... B-1B.2 STATEM EN T O F W O R K ................................................................................. B-2

SECTION C - CONTRACT CLAUSES ...................................................................................... C-1

C. 1 DURATION OF CONTRACT PERIOD (MAR 1987) ..................................................... C-1C.2 2052.215-71 PROJECT OFFICER AUTHORITY (NOVEMBER 2006) ......................... C-1C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUNE 2007) .............. C-3C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ...................... C-6

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ............................ D-I

N RC=38-07-382 Section B

SECTION B - CONTINUATION BLOCK

B.1 SCHEDULE OF SUPPLIES

NQTY omDESCRIPTION6 Nomad Multimedia Podium PD2OOAr- Custom Color

* Crestron Touch Screen Control System15" ELO LCt D Touch Screen, Enhanced Confidence Monitor

• Annotation• Bose Multimedia Sound System• Samsung SDP-950-DX Document Camera

Samsung V8650 DVDNCR Player & MediaCard SlotLaptop ConnectionsConvenient External Electrical OutletVGA Splitter

• CablesVGInput/Output BoxVGA HD-145 Output (video only)RJ-45 output (Video and RS-232RCA left & right audio line level output

X Network input* XGA output (H Jac)* External Speaker Jack

Built in Shure Mic (goose neck) & Ducker* Power Conditioner

* 1 Flip-up Work SurfaceIntegration and checkout services

* Heavy-duty wheels (two fixed, two rotating)* Tuck-away handle• One wire connectivity for the projector using Cat5 Transmission for XGA and remote

ON/OFF control.

6 Integration for Built-In PC PDSeries(Computer Supplied by NRC) Wireless keyboard & mouse, relatedhardware integration, upgrade to 4 port VGA switch, and wiring integration.during system production supplied by the Nomad.

6 Custom programming for NRC existing Optoma EP739 projectors andexisting projection screens.Nomad Technologies to custom program Creston Control System to allowcontrol on/off functions for NRC's existing Optoma EP739 projectors aswell as the existing projection screens.

6 Onsite Installation and Testing(Turn-Key System)

1 Lot Discounts1 Trade-In Discount

The NRC is trading in a (Qty. 1) MT-100 Smart lectern NRC TAG No.073195

TOTAL The total firm fixed price for the turn key multimedia podiums (Qty. 6)$116,391.00

SHIPPING Shipping - Estimated Not-To- Exceed Shipping will be reimbursed onactual shipping charges with appropriate documentation. Delivery isestimated to be 4-6 weeks ARO. $2,400.00 (NTE)

EST. TOTAL Total Contract Ceiling (Turn-Key Podiums + Shipping) $118,791.00

B-1

NRC-38-07-382 Section B

B.2 STATEMENT OF WORK

(1) PURPOSE

Install multimedia podiums in the Nuclear Regulatory Commission (NRC) Professional Development CenterClassrooms to aid in material presentations and improve safety by eliminating tripping hazards.

(2) BACKGROUND

When the Professional Development Center moved to the Gateway Building in Bethesda, MD, it was notfiscally possible to construct all of the classrooms to account multimedia presentations. Current systems aresuboptimal for multimedia presentation because they require a large amount of wiring (such as power cords,network cords, etc) which poses a tripping hazard to the instructors and students. The objective is to installmulti-media podiums and equipment that will aid the instructor in presenting material and eliminate the trippinghazards that currently exist.

(3) SCOPE

This shall be a turn key complete system.

Deliver and install five (5) multimedia podiums per the attached specification sheet.

A sixth podium currently exists at the Professional Development Center. It does not have the same capabilitiesas this statement requires. The vendor will remove the current equipment in this podium and replace it withidentical equipment provided in the the five (5) delivered podiums. This will provide the same capabilities forall podiums.

Program Objectives and Outcomes

A. Each multimedia podium will have the following capabilities more detail is provided in the specificationsheet.

= Ability to Interface with a laptop computer (both Macintosh and MS-Windows format). This alsoincludes a poweroutlet convenient to the interface connection

* Incorporated Document Camera* Incorporated personal computer connection ( computer will be supplied by NRC)* Hinged workspace shelf to accommodate wheelchair bound instructors.* Integrated Confidence Monitor" Integrated VHS/DVD player" Additional RCA jack connection for an extra video input* Console operation for selecting video inputs, controlling volume, and controlling projection screen" Remote operation of all console features with a portable handheld device." Each podium will be mounted on lockable wheels so that they can be disconnected and moved easily." Electrical power connections for all devices will have surge protection." Integrated sound system with surface mount speakers and integrated subwoofer* Interface with an Optoma EP-739 Video Projector.

B. Installation must include a wall mounted jack that includes power, RGB connection, RS-232, and CAT 5Ethernet connection. The cabling to the podium will be sleeved and protected in a flat cover to prevent atripping hazard between the podium and wall connection. At least ten feet of cabling will be available

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C. An NRC representative will perform acceptance testing for all features of the podiums to ensure contractcompliance."

(4) SECTION 508 REQUIREMENTS

The requirements for Section 508 will be fully complied with for the podium and multimedia equipment.

(5) PLACE OF PERFORMANCE

Five of the podiums may be assembled and pre-tested at the vendor's facility. The Agency supplied podiumwill be equipped, tested, and installed at the Professional Development Center, 7201 Wisconsin Avenue,Suite 425, Bethesda, MD

All equipment will be installed and tested at the Professional Development Center, 7201 Wisconsin Avenue,Suite 425, Bethesda, MD.

(6) PERIOD OF PERFORMANCE

The period of performance for this contract will start on or about October 1, 2007 and must be completed byJanuary 31, 2008. Installation and testing will be performed on Evenings or Weekends in order to preventdisruption in classroom use. Arrangements will be made for an NRC representative to be available foraccess to the Professional Development Center and acceptance testing.

MINIMUM SPECIFICATION REQUIRED OR EQUIVALENT FOR THE NUCLEAR REGULATORY

PROFESSIONAL DEVELOPMENT CENTER PODIUMS

1. Podium Computer System (NRC Provided)

a. Processor: Intel® Core 2 Duo T7600 (2.33 Ghz / 4MB L2 Cache / 667MHz FSB)b. Memory: 4GB Dual Channel DDR2 SDRAM at 667 MHz 2 DIMM memoryc. Keyboard: standardd. Monitor: 17-inch Wide Screen UXGAe. Video Card: 512MB NVDIA Quadro FX 2500f. Hard Drive: 100 GB (7200 RPM)g. Operating System: Microsoft@ XP Professional, SP2h. Mouse: 2-button scroll optical USB mousei. CD-ROM or DVD-ROM Drive: 8X CD/DVD Burner (DVD+/-RW) with double layer DVD+R write

capabilityj. Ethernet: Built in Ethernet card with RJ45 portk. USB 2.0 Ports: 2- USB 2.0 portsI. Modem: Built in Modem with 1 RJ1 1 Modem portm. Service: 3 year limited warranty plus 3 year NBD On-site servicen. NO WIRELESS CONNECTION

2. Podium Remote Control System

a. Portable Electronic Touch Screen or Hand-Held Remote Control with local podium pushbuttonsb. Remote Control Device Controls

" Video Projector" Projection Screen" Input Device Selection (Laptop, Computer, Video Unit, and External Video and Audio)

B-3


3. Podium External Connection

a. External Video and Audiob. Laptop Computer (including a power outlet for the laptop computer)

4. Document Camera

a. Drawing tool for annotating camera imagesb. Rotate (90, 180, and 270 degree) orients landscape to portraitc. 2 XGA outputsd. 2 XGA inputs (for use as a switcher)e. Store and recall up to 8 images instantlyf. Split-screen viewing for comparing 2 different imagesg. USB connection for saving images to computerh. Reflective and transmissive light sourcesi. 810,000 pixelsj. 12X magnificationk. Camera rotates and arm swings down for point of view camera anglesI. Variable output resolution: VGA, SVGA, XGAm. Hi-contrast controls for high visibility in low lightn. Manufacturers one year RTB warranty

5. DVD/VCR Player

a. Four (4) head VHS VCRb. DVD player capable of playing DVD, VCD, audio CD, MP3 discs

6. Multimedia Sound Systema. 75 watts per channel outputb. Speakers may be wall, ceiling, or podium mounted but must be flush with the mounting surface.

7. Microphone

8. 15 inch Touch Screen Confidence Monitor with annotation capability

a. Report rate- 125 points/secb. Addressable Pixels- 1024 x 768c. Pixel Pitch- .012" by .012" (.297mm x .297mm)d. Brightness- 250 cd/m3e. Contrast Ratio- 400:1f. Viewing Angle- U/D: 400 / 60', UR: 600 / 600

9. Master Power Switch

10. Podium Specification

a. Podium Dimensions* Width - No larger than 32 inchese Depth - No larger than 32 inchese Height - No higher than 46 inches and no lower than 42 inches

b. Finish - Walnut or Black (finish options to be presented to the NRC for selection.c. Portability - Each podium will have lockable wheels on swivels to allow easy movement and

repositioning of the podium.d. Each podium will have a side drawer to store the document camera

B-4


e. Each podium .will have a lockable side leaf to hold a laptop computer

11. Each podium will have a power conditioner to protect podium equipment from damage due to voltagefluctuations.

a. Low-impedance, isolation transformer based power conditioning deviceb. Accommodate at least a 2 Amp loadc. Four outlets

B-5

NRC-38=07-382 Section C

SECTION C - CONTRACT CLAUSES

52.204-7 CENTRAL CONTRACTOR REGISTRATION JUL 2006

C.1 DURATION OF CONTRACT PERIOD (MAR 1987)

This contract shall commence on 10/01/2007 and will expire 01/31/2008.

Delivery of Podiums: 4-6 weeks ARO

C.2 2052.215-71 PROJECT OFFICER AUTHORITY (NOVEMBER 2006)

(a) The contracting officer's authorized representative (hereinafter referred to as the project officer) for this

contract is:

Name: David Spindler

Address: 7201 Wisconsin AveSuite 425Bethesda, MD 20814

Telephone Number: 301-492-2002

(b) Performance of the work under this contract is subject to the technical direction of the NRC project officer.The term "technical direction" is defined to include the following:

(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks,authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement ofWork (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves toaccomplish the contractual SOW.

(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technicalportions of the work description.

(3) Review and, where required by the contract, approval of technical reports, drawings, specifications, andtechnical information to be delivered by the contractor to the Government under the contract.

(c) Technical direction must be within the general statement of work stated in the contract. The project officerdoes not have the authority to and may not issue any technical direction which:

(1) Constitutes an assignment of work outside the general scope of the contract.

(2) Constitutes a change as defined in the "Changes" clause of this contract.

(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, orthe time required for contract performance.

(4) Changes any of the expressed terms, conditions, or specifications of the contract.

C-1

NRC-38-07-382 Section C

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateraldirective whatever.

(d) All technical directions must be issued in writing by the project officer or must be confirmed by the projectofficer in writing within ten (10) working days after verbal issuance. A copy of the written direction must befurnished to the contracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel,which has received final approval from the NRC must be furnished to the contracting officer.

(e) The contractor shall proceed promptly with the performance of technical directions duly issued by theproject officer in the manner prescribed by this clause and within the project officer's authority under theprovisions of this clause.

(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one ofthe categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify thecontracting officer in writing within five (5) working days after the receipt of any instruction or direction and shallrequest the contracting officer to modify the contract accordingly. Upon receiving the notification from thecontractor, the contracting officer shall issue an appropriate contract modification or advise the contractor inwriting that, in the contracting officer's opinion, the technical direction is within the scope of this article anddoes not constitute a change under the "Changes" clause.

(g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessarydelay in the contractor's performance and may even result in the contractor expending funds for unallowablecosts under the contract.

(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract actionto be taken with respect thereto is subject to 52.233-1 -Disputes.

(i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officershall:

(1) Monitor the contractor's technical progress, including surveillance and assessmentof performance, andrecommend to the contracting officer changes in requirements.

(2) Assist the contractor in the resolution of technical problems encountered during performance.

(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officerrecommendations for approval, disapproval, or suspension of payment for supplies and services requiredunder this contract.

(4) Assist the contractor in obtaining the badges for the contractor personnel.

(5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when acontractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFSwithin three days after their termination.

(6) Ensure that all, contractor employees that require access to classified Restricted Data or NationalSecurity Information or matter, access to sensitive unclassified information (Safeguards, Official Use Only, andProprietary information) access to sensitive IT systems or data, unescorted access to NRC controlledbuildings/space, or unescorted access to protected and vital areas of nuclear power plants receive approval ofSB/DFS prior to access in accordance with Management Directive and Handbook 12.3.

(7) For contracts for the design, development, maintenance or operation .of Privacy Act Systems ofRecords, obtain from the contractor as part of closeout procedures, written certification that the contractor hasreturned to NRC, transferred to the successor contractor, or destroyed at the end of the contract in accordance

C-2


with instructions provided by the NRC Systems Manager for Privacy Act Systems of Records, all records(electronic or paper) which were created, compiled, obtained or maintained under the contract.

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTESOR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUNE 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which areincorporated in this contract by reference, to implement provisions of law or Executive orders applicable toacquisitions of commercial items:

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer hasindicated as being incorporated in this contract by reference to implement provisions of law or Executive ordersapplicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

f (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

[X] (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005)(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).[

[] (4) Reserved]

[D (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-6.

r (iii) Alternate II (Mar 2004) of 52.219-6.

[] (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[,(ii) Alternate I (Oct 1995) of 52.219-7.

U (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

r (8)(i) 52.219-9, Small Business Subcontracting Plan (Sept 2006) (15 U.S.C. 637(d)(4).

U (ii) Alternate I (Oct 2001) of 52.219-9.

[ (iii) Alternate II (Oct 2001) of 52.219-9.

U (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

U (10) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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[ (1 1)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns(Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ (ii) Alternate I (June 2003) of 52.219-23.

0 (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status andReporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[3 (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

[X] (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C632(a)(2)).

[] (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126).

IX] (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, andOther Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

[X] (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[X] (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, andOther Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

[X] (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec2004) (E.O. 13201).

[] (24)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products

(Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

[(ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

[X] (25) 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C. 10a-1Od).

[3 (26)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (Nov 2006) (41 U.S.C.10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

[3 (ii) Alternate I (Jan 2004) of 52.225-3.

[3 (iii) Alternate II (Jan 2004) of 52.225-3.

r (27) 52.225-5, Trade Agreements (Nov 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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[X] (28) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, andstatutes administered by the Office of- Foreign Assets Control of the Department of the Treasury).

[] (29) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150).

U (30) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

r (31) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10U.S.C. 2307(f)).

[] (32) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.2307(f)).

[X] (33) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31U.S.C. 3332).

U (34) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May1999) (31 U.S.C. 3332).

U (35) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

f- (36) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

U (37)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.Appx. 1241(b) and 10 U.S.C. 2631).

U (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall'comply with the FAR clauses in this paragraph (c), applicable to commercialservices, that the Contracting Officer has indicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable to acquisitions of commercial items:

U (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

U (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.351, et seq.).

U (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year andOption Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

U (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Feb 2002) (29U.S.C. 206 and 41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of thisparagraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisitionthreshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the ComptrollerGeneral, shall have access to and right to examine any of the Contractor's directly pertinent records involvingtransactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, andother evidence for examination, audit, or reproduction, until 3 years after final payment under this contract orfor any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this

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NRC-38-07-382. Section C

contract. If this contract is completely or partially terminated, the records relating to the work terminated shallbe made available for 3 years after any resulting final termination settlement. Records relating to appealsunder the disputes clause or to litigation or the settlement of claims arising under or relating to this contractshall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, andother data, regardless of type and regardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to aprovision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, theContractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of thisparagraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flowdown shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in allsubcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to smallbusiness concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractormust include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and OtherEligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)(E.O. 13201 ).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for allsubcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimalnumber of additional clauses necessary to satisfy its contractual obligations.

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they weregiven in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of aclause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far

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N RC-38-07-382 Section D

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT NO. 1 BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS (October 2003)

D-1

BILLING INSTRUCTIONS FORFIXED PRICE CONTRACTS (October 2003)

General: The contractor is responsible during performance and through final payment of thiscontract for the accuracy and completeness of the data within the Central Contractor Registration(CCR) database, and for any liability resulting from the Government's reliance on inaccurate orincomplete CCR data. The contractor shall prepare vouchers or invoices as prescribed herein.FAILURE TO SUBMIT VOUCHERS/INVOICES IN ACCORDANCE WITH THESE INSTRUCTIONS WILLRESULT IN REJECTION OF THE VOUCHER/INVOICES AS IMPROPER.

Form: Claims shall be submitted on the payee's letterhead, voucher/invoices, or on theGovernment's Standard Form 1034, "Public Voucher for Purchases and Services Other thanPersonal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet." These forms are available from the U.S. Government Printing Office, 710North Capitol Street, Washington, DC 20401.

Number of Copies: An original and three copies shall be submitted. Failure to submit all therequired copies will result in rejection of the voucher/invoice as improper.

Designated Agency Billing Office: Vouchers/Invoices shall be submitted to the following address:U.S. Nuclear Regulatory CommissionDivision of Contracts - T-7-1-211555 Rockville PikeRockville, MD 20852

A copy of any invoice which includes a purchase of property valued at the time of purchase at$5000 or more, shall additionally be sent to:

NRC Property Management OfficerAdministrative Services CenterMail Stop - T-7-D-27Washington, DC 20555-0001

HAND-DELIVERY OF VOUCHERS/INVOICES IS DISCOURAGED AND WILL NOT EXPEDITEPROCESSING BY THE NRC. However, should you choose to deliver vouchers/invoices by hand,including delivery by any express mail service or special delivery service which uses a courier orother person to deliver the vouchers/invoices in person to the NRC, such vouchers/invoices mustbe addressed to the above Designated Agency Billing Office and will only be accepted at thefollowing location:

U.S. Nuclear Regulatory CommissionOne White Flint North - Mail Room11555 Rockville PikeRockville, MD 20852

HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVEADDRESS

Note that the official receipt date for hand-delivered vouchers/invoices will be the date it isreceived by the official agency billing office in the Division of Contracts.

Agency Payment Office: Payment will continue to be made by the office designated in thecontract in Block 12 of the Standard Form 26 or Block 25 of the Standard Form 33, whichever isapplicable.

Frequency: The contractor shall submit a voucher or invoice only after the NRC's final acceptanceof services rendered or products delivered in performance of the contract unless otherwisespecified in the contract.

Preparation and Itemization of the Voucher/Invoice: The voucher/invoice shall be prepared in inkor by typewriter (without strike-overs). Corrections or erasures must be initialed. To beconsidered a proper voucher/invoice, all of the following elements must be included:

1. Contractor=s Data Universal Number (DUNS) or DUNS+4 number that identifies thecontractor=s name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the contractor to identifyalternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

2. Contract number.

3. Sequential voucher/invoice number.

4. Date of voucher/invoice.

5. Payee's name and address. Show the name of the Payee as it appears in the contract andits correct address. If the Payee assigns the proceeds of this contract as provided for inthe assignment of claims terms of this contract, the Payee shall require as a condition ofany such assignment, that the assignee shall register separately in the Central ContractorRegistration (CCR) database at http://www.ccr.gov and shall be paid by EFT in accordancewith the terms of this contract. See Federal Acquisition Regulation 52.232-33(g) Paymentby Electronic Funds Transfer - Central Contractor Registration (October 2003).

6. Description of articles or services, quantity, unit price, and total amount.

7. For contractor acquired property list each item purchased costing $50,000 or more andhaving a life expectancy of more than 1 year and provide: (1) an item description, (2)manufacturer, (3) model number, (4) serial number, (5) acquisition cost, (6) date ofpurchase, and (7) a copy of the purchasing document.

8. Weight and zone of shipment, if shipped by parcel post.

9. Charges for freight or express shipments. Attach prepaid bill if shipped by freight orexpress.

10. Instructions to consignee to notify the Contracting Officer of receipt of shipment.

11. For Indefinite Delivery contracts or contracts under which progress payments areauthorized, the final voucher/invoice shall be marked "FINAL VOUCHER" OR "FINALINVOICE."

Currency: Billings may be expressed in the currency normally used by the contractor inmaintaining his accounting records and payments will be made in that currency. However, theU.S. dollar equivalent for all vouchers/invoices paid under the contract may not exceed the totalU.S. dollars authorized in the contract.

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